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A compilation of offences from Kingston’s Ontario Court of Justice for the period of May 22 to May 25, 2012. Only sentences that involved a large fine, probation or incarceration are included.

Eduardo M. Alves, 38, was convicted of assault and threatening. His sentencing was suspended and he was placed on probation for 18 months.
Jeffrey R. Baldwin, 31, was convicted of violating probation. He was credited with 21 days of pretrial custody, sentenced to a further 134 days in jail and probation for two years.
Michael W. Banks, 34, was convicted of illegally possessing 90 grams of marijuana. His sentencing was suspended and he was placed on probation for 12 months. Federal Crown attorney David Crowe said the marijuana was found in September when the Kingston Police Street Crime Unit executed a search warrant on Banks’ north end home. Defence lawyer Lawrence Silver disclosed that his client made a $500 charitable donation prior to entering his plea, however, and partly as a consequence of that, Crowe joined him in recommending probation. He also agreed that a cell phone seized at the time of Banks’ arrest would be returned to him. The marijuana and associated drug paraphernalia removed from Banks’ home was ordered forfeit to the Crown. Still, in adopting the lawyers’ joint sentencing submission, Justice J. Peter Coulson suggested it was on the light side and observed “Mr Silver must have been unusually persuasive,” to get the federal Crown to agree.
Derrick J. Carroll, 28, was convicted of violating probation. He was credited with two days of pretrial custody, sentenced to a further 38 days of intermittent jail on weekends and probation for six months.
Jennie L. Clarke, 29, was convicted on two counts of theft and failing to comply with a condition of a release undertaking. She was credited with one day of pretrial custody, sentenced to a further six days in jail and probation for 12 months.
David M. Dalgleish, 31, was convicted of a break-in, drug possession and failing to appear for court. He was credited with 33 days of pretrial custody, sentenced to a further 87 days of intermittent jail on weekends and probation for six months.
Brian A. Deane, 20, was convicted of assaulting his partner, currently pregnant with his child, and mischief to a wooden wall plaque in her home. He was credited with 21 days of pretrial custody, sentenced to time served, probation for 18 months and must pay $158 restitution for the plaque. Crown attorney Ross Drummond told Justice J. Peter Coulson that Deane and the victim argued in late April after she confronted him about drug paraphernalia she’d found hidden behind his Xbox. Deane was packing to go, he said, when dispute arose over ownership of some items he was packing. Drummond said he slammed the victim into a wall, damaging the plaque. Defence lawyer Paul Blais said his client contends he pushed her into a chair that hit the wall and damaged the plaque. Blais also successfully opposed the Crown’s bid for restitution “for a long list of things that have nothing to do with the incident.” Drummond disclosed the victim is being billed $1,351 by the Kingston Housing Authority for damages to her unit, which she attributes to Deane. If he doesn’t contribute, Drummond said she’s liable for the entire amount and will probably be evicted with her children.
Timothy K. Foster, 44, was convicted of driving while disqualified and operating a motor vehicle while uninsured. He was sentenced to 90 days of intermittent jail on weekends, probation for 12 months and was fined $6,250 including victim-fine-surcharge for violating the Compulsory Automobile Insurance Act. Foster’s driving status was discovered when he was stopped on Desert Lake Road, last August, during an OPP R.I.D.E. Program. Justice J. Peter Coulson was told that he has prior convictions for driving while prohibited and Crown attorney Ross Drummond asked the judge to barr him from driving for life as a consequence. Coulson decided instead to impose the minimum three year driving prohibition, given that Foster is self-employed in the plumbing and heating business. He declined to reduce the mandatory minimum $5,000 fine for driving uninsured, however. “That insurance policy stands between you and the rest of us, who might be run down,” Coulson said. “It’s so there’s a pocket of money to protect the rest of us.”
Anthony D. Griffin, 57, was convicted of impaired driving. He was fined $1,500, placed on probation for a year and is prohibited for 12 months from driving. Griffith was charged in early May, after his van, which was south-bound on Portsmouth Avenue, rear-ended a vehicle stopped at an intersection. Crown attorney Ross Drummond said Griffin’s van was moving slowly at the time and he afterward got out check the other vehicle, ascertaining that there was no damage done. He’d earlier cut off another motorist, however, who observed his van straying over the centre line before the fender-bender. Drummond said that motorist he’d cut off called police. He also told Justice J. Peter Coulson that after climbing back into his van and popping a mint in his mouth, Griffin bumped the stopped vehicle a second time. He was later found to have a blood-alcohol concentration more than half-again over the legal limit with readings of 134 and 132 mg of alcohol per 100 ml of his blood. Griffin told the judge, “I’m very sorry for what happened and it will not happen again.
Tyler R. Hartley, 27, was convicted of driving with more than the legal concentration of alcohol in his system. He was fined $1,400 and prohibited from driving.
Michael J. McClennan, 21, was convicted on two counts of theft and violating probation. He was credited with one day of pretrial custody and sentenced to a further 29 days in jail.
Barry M. Milne, 33, was convicted of assaulting his fiance, threatening to burn down her house and a related violation of probation he received in November, 2010, which required him to take his prescribed medications. Milne was credited with two days of pretrial custody, sentenced to a further 90 days of intermittent jail on weekends and probation for three years. Assistant Crown attorney Elisabeth Foxton disclosed that Milne was previously diagnosed as bipolar, but was not taking his prescribed medications at the time of the incident in March. The victim later told police they argued after she remarked favourably on an actor in a movie they were watching. The argument then expanded to a heated discussion about their relationship and Foxton said the victim told Milne she wanted to break up. Justice J. Peter Coulson was told that he Milne then assaulted the woman, dragged her around the house and locked her inside. He gathered all the phones in the house, threw them on the wood pile, according to Foxton, and threatened to burn the building down. Justice Coulson ordered Milne to co-operate with any assessment, counselling or program directed by his probation officer and told him to work with Frontenac Community Mental Health Services.
Timothy P. Nelson, 18, was convicted of two thefts a week apart in May this year, from the 445 Princess Street Shoppers Drug Mart and the 1225 Princess St. Food Basics store, plus a related violation of probation he received late last year in Brockville, by failing to keep the peace. He was credited with five days of pretrial custody and sentenced to a further 45 days in jail. In early May, Nelson was in Shoppers with another male when he caught the attention of the store’s loss prevention officer. Crown attorney Ross Drummond said the security employee saw him pick out body wash, gum, three lighters and a box of condoms and pass them to his companion, who concealed them. Store security followed the pair outside, but Nelson escaped. The following week, however, Justice J. Peter Coulson was told he was apprehended outside Food Basics with $9.16 worth of Caramilk chocolate bars he’d just stolen. Defence lawyer Jodi Primeau argued — unsuccessfully — for a sentence of no more than 15 to 30 days. She told the judge that Nelson lives in a shelter, but has a baby on the way and “hopes to turn things around.”
Sean P. Price, 61, was convicted of committing mischief by damaging the public phone in the lobby of Kingston Police headquarters in early December and resisting arrest when officers were sent to fetch him back to the station. He was fined $1,000. Defence lawyer David Hurley told Justice J. Peter Coulson his client was upset about being charged with a drug offence. Price added that he was angry because he lives 50 miles outside the city limits and police reneged on a promise to drive him back to his home. Crown attorney Ross Drummond told the judge Price was actually arrested by the RCMP, however, and released by Kingston Police at 9:40 p.m. that night. After he signed his release documents, Coulson was told Price was escorted to the lobby to call for his ride home. He was agitated and after completing his call Drummond said he slammed down the phone, kicked open the front door and started walking north on Division Street. The duty sergeant, upon learning the phone had been damaged, sent a couple of constables after Price. But Drummond said he was uncooperative and assumed a fighting stance when the constables approached him.
Norman F. Sero, 37, was convicted of violating probation. He was sentenced to 30 days in jail and probation for 18 months.
Robert Venton, 58, was convicted of violating probation. He was credited with two days of pretrial custody and sentenced to a further 30 days in jail.